Empty whiskey bottle in vehicle allowed stop to be prolonged
Facts (If you are new to 1983 actions, click here for help) At 2:38 a.m. on July 26, 2021, Officer April Rose was performing a beat check at a mall in Ridgeland, Mississippi, when she noticed Terrence Wogan and Heather Wilkes asleep in their car in the mall parking lot. They explained to Officer Rose […]
Exigent circumstances allowed entry into home
Facts The Crockett Police Department received a call that a man was sprawled on the ground in a residential area. When officers arrived on the scene, they spotted a group of concerned neighbors gathered around a 400-pound man. The large man was thrashing about on the grass near the road in nothing but torn underwear. […]
County is 45% at fault under MTCA for reckless disregard
Facts At approximately 7:00 a.m. on July 2, 2020, Deputy Chiquitia Cooks was alerted that local law enforcement was in pursuit of a suspect (Keislan Greer), who was driving recklessly at a high rate of speed (in excess of 100 miles per hour) toward Carthage, Mississippi. Deputy Cooks quickly spotted the suspect’s car and joined […]
Qualified immunity granted when subject ran towards officer with object
Facts (If you are new to 1983 actions, click here for help) Trooper Donald Hinote resides in a high-crime neighborhood plagued by burglaries. In fact, Hinote’s patrol car had previously been burglarized twice while parked in his driveway. On the night of the incident in question, Hinote’s vehicle was burglarized for a third time. The […]
Exigent circumstances and probable cause allowed officer to search car in a driveway
Facts A state trooper observed David Davalos commit a traffic violation by failing to signal a lane change. As the officer initiated a traffic stop by activating his lights, Davalos pulled into the driveway of his home and parked his car. The driveway was beside the home. A public sidewalk ran in front of the […]
An officer may enter a home without a warrant if he has an objectively reasonable basis for believing that an occupant is seriously injured or imminently threatened with such injury.
Facts In SCOTUS Brigham City v. Stuart, 547 U. S. 398 (2006), this Court held that police officers may enter a home without a warrant if they have an “objectively reasonable basis for believing” that someone inside needs emergency assistance. The question presented is whether that standard means that officers must have “probable cause” for […]